SERIOUS ORGANISED CRIME: A Caribbean Perspective

Dan Suter Criminal Justice Advisor

SERIOUS ORGANISED CRIME

A Caribbean Perspective 2013

WHY NEEDED
Heroin and cocaine smuggling generated annual revenues of $US105 billion worldwide Cocaine and heroin traffickers are earning almost $US280 million every day, almost $US12 million every hour, and almost $US200,000 every minute,

Human trafficking and smuggling of migrants accounted for annual revenues of an estimated $US10 billion; illicit trade in firearms for more than $US53 million (UNODC
Threat Assessment 2010)

2880 HUMMERS A DAY!

PROFIT
Illegal drugs in the Caribbean income of US $3.3billion Cocaine accounts for 85% of this market More than 90% of this cocaine continues to consumer countries in North America and Europe
(Caribbean Drug Control Coordination Mechanism Report on Illicit Drug Markets)

NEW MARKETS
Estimated trend: UNCLEAR (UNODC Threat
Assessment 2010)

Economic loss....likely greater than the loss caused by any other form of crime, including drug trafficking (OAS Latin American
and Caribbean Cybersecurity Trends and Government Responses

Activities
Power, Control and Status
Under his control, the area was a state within a state. People here never paid for electricity, as the power company staff did not dare to come in and disconnect the illegal supplies. "He made sure I stayed out of trouble and paid for my schooling. He was even going to pay for me to go to pilot school," one teenager says. Another says: "He was like my father, I hope they let him come back soon." (BBC 8th
June 2012)

My Views

Increase in Guns Dealing in White Gang Culture

The Bubble is About to Burst!

UNDP Caribbean Human Development Report 2012

Hardline "Iron Fist" policies - "shortsighted ... policies, which have proven ineffective and, at times, detrimental to the rule of law". Corruption within the police is seen to be an issue and they are not seen as a "legitimate" force.

Delays and backlogs

Low conviction rates

Pre-trial detention is "over-used" and exacerbates prison over-crowding.

Saint Lucia
18.4 % of those asked believed, the problem of crime has no remedy

26.8 % believed, nothing can be done to control crime in this country.

Crime was mentioned as one of the three most serious problems by 47.6 % of the respondents

Solutions?

Witness Protection Civil Recovery Reduction in Delay Legally Audacious

Your Copy
Part 1: Investigation and Prosecution Part 2 and 3: Confiscation and Restraint Part 4: Civil Recovery

Annexes
Index PLEASE USE IT

Witness Protection
Procedural: Witness Anonymity:

Evidence (Special Provisions) Act 2009: AB

Evidence Act: SKN Protection of Witnesses Act: Dominica Witness (Special Measures) Bill: SVG Special Measures

The Guide
Special Measures: From Para 5.2: Page 424

Annex T: Page 438

Witness Anonymity: From Para 5.5.2: Page 428 Information Required: 5.5.13 Special Provisions for Investigators: 5.5.21 Annex S: Page 433

Witness Protection

Re-location Regional Approach Justice Collaborators MONEY!

The Guide
Justice Protection Act: Saint Lucia Justice Protection Bill: Saint Christopher and Nevis From Para 5.6.19: Page 451 Unavailable Witness: From Para 5.7: Page 456

Civil Recovery
A new Smarter Approach Director of Asset Recovery Agency v Taher and Ors [2006] EWHC 3402 (Admin): The legislation provides that if the Director is able to establish on the balance of probabilities that assets are the proceeds of crime, then they are recoverable, even if there has been a prosecution which has not succeeded and even if there has been no prosecution because, for example, the view has been taken that evidence would not be sufficient to establish criminality beyond a reasonable doubt. Dominica SVG THE GUIDE: Part 4

Reducing Delay
Abolish PIs Amend CPRs

Video ID Parades - SL
Video Interviewing Interviewing of Suspects for Serious Crimes Act 2012, SVG and SKN Criminal Law and Procedure (Amendment) Act, Dominica

Grenada and Antigua and Barbuda?

Interviewing
Old Acts: SLU and SKN Para 3.2.13 Page 49 New Acts: SVG, SKN and Dominica: Para 3.2.17 Page 50 Procedure

From Para 3.2.6: Page 43

Constitutional Challenge From Para 3.2.10: Page 46

Legally Audacious
Malone v Metropolitan Police Commissioner [1979] Ch 344, sub: Everything is permitted except that which is expressly forbidden. Consensual Monitoring Controlled Deliveries

Covert Policing
Guide from Para 3.14: Page 291 Examples: 3.14.3 Page 292 Authorisation: 3.4.7 Page 143 Controlled Delivery: 3.14.6 Page 294 Audio Probes: 3.14.4 Page 293

Community Engagement

Community Engagement Champions Guide:Chap 8 Annex K School Information Pack: Page 285

QUE PASA - Antonio Gellizeau

Grenada: Confiscation

Cash Seizure: Dominica

Still No. 1: Saint Vincent and the Grenadines

National Prosecution Service Proceeds of Crime Champion Community Engagement Video Interviewing

Video Link
Witness Anonymity

SHARING OF INFORMATION

 As we are liberated from our own fear, our presence automatically liberates others.